Texas Accident & Injury News
Can Texas parents file a personal injury claim on behalf of their child?
6-year-old Boy Recovering from Serious Injuries After Hit-and-Run Accident Last Week
According to a KSAT News report, a 6-year-old boy is still hospitalized after a hit-and-run crash last week left him seriously injured.
Police reported the accident happened at around midnight on February 16th, at the intersection of Southwest Loop 410 and Valley Hi Drive. The boy and his father were traveling northbound through the intersection when a truck heading westbound ran a red light and crashed into them. Three suspects fled the vehicle on foot, and police are still searching for the driver as of yesterday evening.
The father later reported that his son, Max Casias, suffered the worst of the injuries despite being buckled in his car seat. The boy suffered torn ligaments in his neck, as well as nerve damage, and he remains hospitalized, though he is expected to be released from the hospital soon.
Did You Know?
An average of 429 children across the U.S. are injured in auto accidents every day.
Filing a Personal Injury Claim on Your Child’s Behalf in Texas
The last thing any parent wants to see is their precious child in a hospital bed.
If your child was injured in an accident due to someone’s reckless or negligent behavior, you should consider talking to an attorney about your legal options. You can likely file a personal injury claim on behalf of your child to recover the financial losses forced on you by the accident.
Who Can I Sue for My Child’s Injury?
If your child is injured because someone was negligent, you can usually file a claim against that party. Some examples of potentially negligent parties can include:
- Reckless Drivers,
- Daycare Centers,
- Baby Sitters,
- Summer Camps,
- Swim Schools,
- Manufacturers,
- Neighbors,
- And Schools.
What Damages Can I Claim for My Child’s Injury?
Damages are different for each case, as they will directly reflect the losses that you and your child suffered. However, some common examples of claimable damages include:
- Ambulance Costs,
- ER Treatment,
- Medical Bills,
- Surgeries,
- Disability,
- Pain and Suffering,
- Missed Work (the parents of the child who missed work due to caring for the child),
- Lost Benefits,
- Loss of Earning Capacity,
- Trauma/PTSD,
- And Ongoing Care.
This is not an extensive list. A child injury attorney can tell you exactly what will apply in your case.
How Long Do I Have to File a Claim?
Children can technically wait until two years after they turn 18 (or until they turn 20) to file a claim for an injury that happened in their childhood. However, it is recommended that parents file on behalf of their children within two years (but preferably sooner) of the injury for a few reasons:
- The Events Are Fresh In Your Mind — Any investigative work that needs to be done to prove negligence occured (especially in the case of a daycare injury or car accident) is best done fairly immediately after the event. Plus, our memories can become unreliable after an extended period, making it wiser to file a claim ASAP so that no essential details are missed.
- Financial Losses Suffered by the Parents Are Not Covered — If the child files a claim after they become an adult, any medical bills that the parents paid for, or lost work due to caring for the child will not be covered in that suit.
- The Settlement Can Help Your Child Get the Best Care — Most parents can’t afford the best care for their child on their own, however much they want to. The damages from a child injury claim will go directly to the child’s recovery, alleviating the finacial burden on the family and giving the child the best shot at a full recovery.
Parents have two (2) years from the date of the injury to file a claim on behalf of their child.
Child Injury? Call Shaw!
If your child was injured in an accident because of someone’s negligent behavior anywhere in Texas, you could be entitled to compensation.
We’ll help you find out if you have a case for free.
Call Shaw at 800-862-1260 today to schedule your free case evaluation with a Carabin Shaw attorney. There are no fees, and no obligations attatched — just the expert legal advice you need. Carabin Shaw has been a trusted name in San Antonio and across Texas for over 32 years becuase we put our clients first. We look forward to serving you.
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